The Reconstruction of Legal Protection Regulations for Children in Conflict with the Law in the Indonesian Criminal Justice System Based on the Values of Justice
Abstract
The Indonesian government guarantees the protection and welfare of children through the establishment of Law Number 23 of 2002 concerning Child Protection. This research aims to: 1) examine the regulation of legal protection for children in conflict with the law in Indonesia's criminal justice system; 2) identify its weaknesses; and 3) explore the reconstruction of these regulations based on the value of justice. The research uses a constructivism paradigm with a statute, case, and conceptual approach. It is descriptive, using secondary data (primary, secondary, and tertiary legal materials) collected through literature review and analyzed qualitatively. The results of the study are: 1) The protection regulations for children in Indonesia's criminal justice system are unfair, with diversion intended for case resolution instead being used to negotiate sanctions for children; 2) The weaknesses in the regulation of legal protection for children in conflict with the law in Indonesia’s criminal justice system include: Legal substance issues, where Law Number 11 of 2012 remains repressive, failing to ensure diversion and overlooking children’s welfare; Legal structure challenges, such as insufficient qualified law enforcement personnel and poor coordination among institutions handling child crime cases; Legal culture issues, where some people equate justice with punishment, rather than focusing on rehabilitation and the welfare of children; 3). The reconstruction of legal protection for children in conflict with the law in Indonesia aims to shift from an unjust system to one rooted in justice, ensuring fair treatment and prioritizing the welfare of children within the criminal justice system. The reconstruction of regulatory norms for child protection in the Indonesian criminal justice system focuses on revising Law Number 11 of 2012, particularly Articles 1(3), 71(3), and 81(4), to align with the value of justice for children in conflict with the law.
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